COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                       COUNTY OF CUYAHOGA
                           No. 84221
 
 
 
STATE OF OHIO,                 :
 
    Plaintiff-Appellant        :           JOURNAL ENTRY
 
          vs.                  :                AND
 
CURTIS DUCKWORTH               :              OPINION
 
    Defendant-Appellee         :
 
                               :
 
DATE OF ANNOUNCEMENT                NOVEMBER 4, 2004
OF DECISION                    :
 
                               :
 
CHARACTER OF PROCEEDING        :    Criminal appeal from
                                    Common Pleas Court
                                    Case No. CR-436362
 
JUDGMENT                       :    REVERSED AND REMANDED
 
DATE OF JOURNALIZATION         :
 
 
 
APPEARANCES:
 
    For Plaintiff-Appellant:         WILLIAM D. MASON
                                     Cuyahoga County Prosecutor
                                     RALPH A. KOLASINSKI
                                     Assistant County Prosecutor
                                     Justice Center - 8th Floor
                                     Cleveland, Ohio   44113
 
    For Defendant-Appellee:          JOHN P. PARKER
                                     The Brownhoist Building
                                     4403 St. Clair Avenue
                                     Cleveland, Ohio 44103
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                               -2-
 
ANNE L. KILBANE, P.J.:
 
     The State of Ohio appeals from an order of Judge Jose A.
 
Villanueva that dismissed an indictment for escape against Curtis
 
Duckworth.1 Because our opinion inState v. Thompson2 was reversed
 
by the Ohio Supreme Court during the pendency of this appeal,3 we
 
are required to reverse and remand.
 
     Duckworth was on parole following his release from prison for
 
a crime committed before July 1, 1996. Because he was not home
 
during an attempted visit by his parole officer, he was declared a
 
parole violator at large and indicted for escape. He moved to
 
dismiss the indictment because of this court's opinion that a
 
person on parole for a crime committed before July 1, 1996, could
 
not be guilty of escape.4 The State's sole assignment of error is
 
set forth in the appendix to this opinion.
 
     The syllabus in State v. Thompson provides: "A parolee who
 
fails to report to his parole officer after March 17, 1998, may be
 
prosecuted for escape under R.C. 2921.34, regardless of when his or
 
her underlying crime was committed."5
 
 
     1
     R.C. 2921.34.
 
     2
     Cuyahoga App.No. 78919, 2002-Ohio-6478.
 
     3
     State v. Thompson (2004), 102 Ohio St.3d 287, 2004-Ohio-2946,
809 N.E.2d 1134.
 
     4
     See Thompson, Cuyahoga App. No. 78919, 2002-Ohio-6478, supra
(vacating defendant's escape conviction).
 
     5
     Thompson, 102 Ohio St.3d 287, at syllabus.
 
 
 
 
 
 
 
 
 
 
 
                               -3-
 
     Duckworth argues on appeal that application of       State v.
 
Thompson violates ex post facto laws. We have previously decided
 
this argument has no merit.  6 The Supreme Court has ruled that
 
escape is a new criminal offense and the date of the "underlying
 
crime is of no consequence."7 Under this ruling, Duckworth      's
 
escape charge is based on conduct that occurred after the statutory
 
amendments and does not run afoul of ex post facto laws.8 The
 
assignment of error has merit.
 
     Judgment reversed and remanded.
 
 
 
 
     6
     See State v. Helton, Cuyahoga App.No. 83960, 2004-Ohio-4231,
at ¶6, n.3 ("Helton's ex post facto argument is without merit.");
State v. Davis, Cuyahoga App.No. 82855, 2004-Ohio-5027 (rejecting
appellant's ex post facto argument).
 
     7
     Thompson, 2004-Ohio-2946, at ¶17.
 
     8
     Id.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                         -4-
 
            APPENDIX ­ ASSIGNMENT OF ERROR
 
THE TRIAL COURT ERRED IN DISMISSING THE ESCAPE CHARGE
AGAINST THE DEFENDANT.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                               -5-
 
     It is ordered that appellant recover from appellee costs
 
herein taxed.
 
     It is ordered that a special mandate issue out of this court
 
directing the Cuyahoga County Court of Common Pleas to carry this
 
judgment into execution.
 
     A certified copy of this entry shall constitute the mandate
 
pursuant to Rule 27 of the Rules of Appellate Procedure.
 
 
JAMES J. SWEENEY, J.,              And
 
ANTHONY O. CALABRESE JR., J.,    CONCUR
 
 
                                           ANNE L. KILBANE
                                           PRESIDING JUDGE
 
 
 
 
N.B. This entry is an announcement of the court 's decision. See
App.R. 22(B), 22(D) and 26(A); Loc. App.R. 22. This decision will
be journalized and will become the judgment and order of the court
pursuant to App.R. 22(E), unless a motion for reconsideration with
supporting brief, per App.R. 26(A) is filed within ten (10) days of
the announcement of the court's decision. The time period for
review by the Supreme Court of Ohio shall begin to run upon the
journalization of this court 's announcement of decision by the
clerk per App.R. 22(E). See, also, S.Ct.Prac.R. II, Section
2(A)(1).
 
.